The trustee will investigate the transfer of property and may seek to recover assets transferred if the purpose of the transfer was to defeat creditors or if the consideration for the transfer was less than the market value or if it the end result was that one creditor was preferred over other creditors. Disposing or transferring property prior bankruptcy with intent to defeat your creditors is an offence under the Bankruptcy Act.
The trustee has the power to void transactions made within a period of 5 years prior to the bankruptcy.
Frequently Asked Questions
- What happens if I have transferred my house or another asset of value to my spouse prior to bankruptcy?
- Are there offences under bankruptcy?
- Can a creditor still contact me insisting on payment once I have become bankrupt?
- Can I be publicly examined if I am made bankrupt?
- Can I continue to use my credit cards after bankruptcy?
- Can I have a bank/cheque account?
- Can I travel overseas whilst I am bankrupt?
- Can my bankruptcy be cancelled or annulled?
- Do I have to make payments from my income to the Trustee?
- Do I need to become bankrupt?
- Do I need to lodge tax returns?
- How do I become bankrupt?
- How does bankruptcy affect my employment?
- How long would I be bankrupt?
- Is my bankruptcy advertised?
- What about debts incurred after bankruptcy?
- What are my rights and responsibilities once bankrupt?
- What happens if someone has guaranteed some of my debts?
- What happens to a debt I forgot about at the time of becoming bankrupt?
- What happens to any assets that have not been sold by the trustee at the date of my discharge?
- What happens to my ABN or can I apply for an ABN now that I am bankrupt?
- What happens to my credit rating?
- What happens to my debts after bankruptcy?
- What if I have a car?
- What if I leave my employment during bankruptcy?
- What is bankruptcy?
- When are creditors notified of my bankruptcy?
- Who would handle my bankruptcy?
- Will I have to appear in court?
- Will I have to pay income contributions whilst I am bankrupt?
- Will I lose my assets?
- Will I lose my house?
- Will my financial records be examined if I am made bankrupt?